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Areas of Practice
Representative Experience
Professional Background
Professional/Civic Activities
Speaking Engagements
Court Admissions
Bar Admissions
Education
Achievements
Areas of Practice
Lawrence M. Prosen, who holds a degree in architecture, concentrates his practice in the areas of construction litigation, government contracts and architects/engineers errors and omissions, as well as real estate and corporate transactional work. He is also a Member of the American Arbitration Association's Construction Industry Panel of Neutrals, acting as an arbitrator in construction-related disputes.
He has represented many of the largest construction contractors in the United States on both domestic and foreign projects ranging in value to over $200 million. Mr. Prosen has represented clients in all aspects of litigation, including trials, arbitrations, mediations and administrative appeals. He has extensive experience before various United States Federal District Courts, the United States Court of Federal Claims, various Boards of Contract Appeal, Federal Aviation Administration's Office of Dispute Resolution for Acquisitions, as well as state and other federal courts.
His representations include actions involving prime contractors, subcontractors and sureties under payment and performance bonds, both in private actions and under the Federal Miller Act and various state bond laws. Mr. Prosen has extensive bid protest experience, having represented numerous contactors on well over 100 protests both before the United States Government Accountability Office (GAO) and United States Court of Federal Claims, as well as at the state and local level. He has also represented contractors in Small Business Administration matters and disputes involving the Davis-Bacon Act.
Mr. Prosen also represents construction and high technology contractors, including several Fortune 100 companies, in disputes, certified claims, and requests for equitable adjustment before various federal agencies and armed forces branches.
Mr. Prosen also works on real estate projects and transactions involving the sale, purchase, leasing and construction of commercial, office, industrial, residential and institutional buildings valued at up to and exceeding $250 million. He has worked on subway and major international airport projects, as well as national memorials, waste water treatment plants, bridges, libraries, museums, historic preservation, demolition, abatement and renovation projects.
Representative Experience
Representation of several ENR Top 100 General Contractors in numerous contract, delay, impact and loss of productivity claims and litigation scenarios, including:
- Preparation and prosecution of a Certified Claim/Request for Equitable Adjustment valued at $17.5 million, consisting of over 50 separate claims for differing site conditions, delay, impact, inefficiency and change orders on the U.S. IRS Consolidated Computing Center, Martinsburg, West Virginia. Case successfully settled in non-binding mediation before General Services Board of Contract Appeals.
- Represent contractors on protests before agency, GAO, FAA's Office for Dispute Resolution in Acquisitions, United States Court of Federal Claims and at state and local government levels, valued between $500,000 and approximately $25 billion.
- Represented a general contractor on claims arising out of a Kuwaiti tank and artillery range under United States Army Corps of Engineers prime contract. Claims involved defective specifications, differing site conditions, constructive changes and compensable delays.
- Successful representation of a Fortune 100 defense and air traffic control contractor in pre-award protest of FAA's announced intent to sole source award for En Route Automation Modernization multi-billion-dollar systems contract.
- Successfully represented Intervenor in protest involving operation and maintenance of three (3) U.S. Centers for Disease Control Campuses in Georgia, including Biosafety Level 3 & 4 laboratories. Protest involved multiple requests for summary dismissal and four supplemental protests.
- First chaired protest before GAO involving United States Air Force, Andrews Air Force Base electrical/Telecom/CATV maintenance repair and replacement procurement. Protest alleged use of unstated evaluation criteria and misuse of irrelevant past performance and interim CPARS reports. Resulted in Agency taking corrective action.
- Representation before U.S. Court of Federal Claims relating to differing site conditions, actual and constructive change orders, delay, impossibility, violation of Spearin implied warranty, defective specifications, and other items, for construction of $125 million military storage base in Nachshonim, Israel. Participated in all aspects of litigation, including performing discovery in Israel, Germany and U.S..
- Successfully represented awardee/intervenor before GAO in case of first impression interpreting SBA and FAR HUBZone Regulations involving application of price evaluation preference. Reported in Construction Claims Monthly, Vol. 25, No. 10 (October 2003) at 5.
- Successfully represented Voice Switch Manufacturer in protest for the AFSSVS (Automated Flight Service Station Voice Switch Replacement) Solicitation before the FAA Office of Dispute Resolution for Acquisition. Contract was valued at approximately $100 million and was brought against a Fortune 100 government contractor. Resulted in FAA Administrator ordering Termination for Convenience of contract awarded to awardee and a directed award to client. Decision reaffirmed following FAA and Intervenor Motions for Reconsideration. (Reported in BNA Federal Contracts, Vol. 78, No. 20 pp. 614-15).
- FAA Office of Dispute Resolution for Acquisition protest. Successfully represented client in second pre-award protest of FAA’s ERAM (En Route Automaton Modernization) contract against Fortune 100 government contractor.
Professional Background
Prior to joining the firm, Mr. Prosen was an associate at a boutique construction law firm based in Washington, D.C.
Professional/Civic Activities
- American Bar Association (Section and Forum on Construction; Section of Litigation; Section of Public Contract Law)
- District of Columbia Bar Association
- Maryland State Bar Association
- Construction Industry Advisory Council, Washington, D.C.
- District of Columbia Department of Local & Small Business Development, Construction Industry Advisory Counsel member
- Builder's Ball (Organizing Committee Member & Primary Outside Counsel)
- Associated Builders & Contactors of Metro Washington (Past Chair, District of Columbia Legislative Committee)
- American Subcontractors Association (Member, Attorney's Counsel)
Speaking Engagements
Mr. Prosen has lectured and conducted seminars for clients and associations, including the Associated Builders and Contractors of Metro Washington, American Subcontractors Association, D.C. Metropolitan Subcontractor's Association and other groups. Some highlights of Mr. Prosen's seminars include:
- “The American Recovery & Reinvestment Act of 2009 - What it Means to You”, K&L Gates LLP Hot Topics In Construction Seminar, January 26, 2010.
- “Managing Dispute Resolution Options in the Construction Industry,” American Arbitration Association Construction Roundtable, December 3, 2008
- “The New AIA Construction Contract Documents,” D.C. Metropolitan Subcontractors Association, April 29, 2008
- “Introduction to the New AIA Documents,” Bell, Boyd & Lloyd MCLE, Washington, D.C., March 13, 2008
Publications
Mr. Prosen is a prolific writer on legal topics and trends. He has contributed to multiple Matthew Bender publications, including a quarterly government contracts newsletter and an 18-volume treatise entitled, “Government Contracts – Encyclopedic Guide to Law, Administration, Procedure.” He also authored a chapter on subcontracting in the American Bar Association book Federal Government Construction Contracts. Mr. Prosen’s other publication credits include:
- Federal Government Construction Contracts, American Bar Association, Forum on the Construction Industry, Chapter Author on “Subcontracting” (1st Ed. (2002); 2nd Ed. (2010)
- United States Court of Federal Claims Protest Monograph, American Bar Association, Section of Public Contract Law (section editor).
- “Prompt Pay Laws in the 50 States and Federal Government,” American Subcontractor Association (contributing author).
- “Lien & Bond Claims in the 50 States and Federal Government,” American Subcontractor Association (contributing author).
- Reference Guide to Licensing and Registration Requirements in the 50 States and the District, “Federal,” “ Maryland,” “District of Columbia” and “ Virginia.” American Subcontractor Association annual publication, 1998 with periodic updates (co-author)
Court Admissions
- District of Columbia Court of Appeals
- Maryland Court of Appeals
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. District Court for the Southern District of Texas
Bar Admissions
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Bar of District of Columbia
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Bar of Maryland
Education
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J.D.,
Catholic University of America Columbus School of Law
(1997)
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B.A.,
University of Maryland at College Park
(1994)
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B.S.,
University of Maryland at College Park
(1994)
Achievements
Mr. Prosen's contribution to the legal community pervades across a number of areas, from education and advocacy to participation in industry taskforces and organizations. From 2003 - 2006, Mr. Prosen was an adjunct professor at The Catholic University of America, where he taught a graduate-level course entitled, "Practical Construction Law." He also authored the District of Columbia Mechanic's Lien Amendment Act of 2005, presented the bill to the District of Columbia City Council for consideration and committee review, and testified before the City Council in its support. He is a member of ConsensusDOCS Federal Subcontract Taskforce; and was a Finalist & Nominee for the "Marvin P. Sadur Award" for Outstanding Service, D.C. Metropolitan Subcontractors Association.
Mr. Prosen has been quoted in publications such as Building Washington Magazine ("School Modernization Program Will Convert DC School Buildings Into 21st Century Learning Centers").
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